Beery v. United States
Supreme Court of Colorado
Error to District Court of the First District. The indictment, which was presented at the April term, A. D. 1872, contained four counts. In the first it was alleged that on the 21st day of July, 1871, at the Fairplay post-office, in the county of Park, in the first judicial district, the prisoner feloniously did steal from and out of the post-office a certain packet contrary to the form of the statute, etc. The second count was substantially the same.
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Error to District Court of the First District. The indictment, which was presented at the April term, A. D. 1872, contained four counts. In the first it was alleged that on the 21st day of July, 1871, at the Fairplay post-office, in the county of Park, in the first judicial district, the prisoner feloniously did steal from and out of the post-office a certain packet contrary to the form of the statute, etc. The second count was substantially the same. In the third count it was alleged that the prisoner entered the post-office at Fairplay, and took therefrom a certain packet containing certain…
1Opinion of the CourtHallett, C. J.
The constitution of the district court is impeached upon the ground that it was not held at the proper time and place, and that the jurors, grand and petit, were not regularly selected and summoned. As to the place, it is contended that the court sitting in Arapahoe county could not take cognizance of an offense committed in another county, although in the same judicial district, a position which, it is said, is supported by the language of the organic act. Touching the judicial power, the act establishing this territory is substantially the same as that by which the territory of Wisconsin…
2Cases cited4 opinions
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- United States v. HillU.S. Circuit Court for the District of Virginia · 1809
- Speed v. WilsonCourt of Appeals of Kentucky · 1801
- United States v. WoodruffU.S. Circuit Court for the District of Illinois · 1846
3Cited by8 opinions
- State v. CrankUtah Supreme Court · 1943
- Imboden v. PeopleSupreme Court of Colorado · 1907
- Osborn & Noakes v. PeopleSupreme Court of Colorado · 1927
- Buschy v. PeopleSupreme Court of Colorado · 1923
- State v. SimasNevada Supreme Court · 1900
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